Please read these Terms and Conditions ("Agreement", "Terms of Service") carefully before using www.monkeystories.net ("the App") operated by Early Start JSC, doing business as Monkey Stories ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the App at www.monkeystories.net
By accessing or using the App in any manner, including, but not limited to, visiting or browsing the App or contributing content or other materials to the App, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Monkey Stories without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.
Main features and content of Monkey Stories are only available to who agree to pay for a subscription plan. Each subscription plan may be described in more detail in other areas of Monkey Stories. Any payment terms displayed to you in the process of becoming a Subscription Member are deemed part of these Terms.
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use Monkey Stories solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of Monkey Stories. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.
We would like to keep Monkey Stories as safe as possible for our users but need your help to do so. Accordingly, you agree not to use Monkey Stories to: (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on Monkey Stories; (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) or User Submissions (as defined below) of other users; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt Monkey Stories or servers or networks connected to Monkey Stories, or disobey any requirements, procedures, policies, or regulations of networks connected to Monkey Stories; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses Monkey stories in a manner that sends more request messages to Monkey Stories servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
All right, title, and interest in and to Monkey Stories and services are and will remain the exclusive property of Early Start JSC. The content on Monkey Stories, including without limitation, books, text, graphics, photos, sounds, music, videos, User Submissions (as defined below), interactive features and the like ("Content") and the "Monkey Stories" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through Monkey Stories that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to Early Start JSC and are subject to copyright, trademark, and other intellectual property rights under the laws of Vietnam and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes Monkey Stories or any portion of Monkey Stories, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content (including but not limited to books and videos) as made available through the Monkey Stories only in geographic locations where we offer the Monkey Stories and have licensed such Content. Monkey Stories App is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
Monkey Stories does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. Monkey Stories does not permit copyright infringing activities and infringement of intellectual property rights via the App.
While using the App, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
Monkey Stories may automatically check your version of the Licensed Application with the sole intention of making the updated version available to you. Monkey Stories has no obligation to make available any updates. However, Monkey Stories may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
Monkey Stories provides its users with access to books and other Content streamed through the Internet to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on Monkey Stories (including during any subscription period for a Subscription Member).
Mobile Networks: If you access Monkey Stories through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Monkey Stories features may be prohibited or restricted by your network provider and not all Monkey Stories features may work with your network provider or device.
We may terminate your access to the App, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Devices: If you access Monkey Stories using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this agreement and are not responsible for the provision or support of Monkey Stories. You agree that your access to Monkey Stories using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
YOU EXPRESSLY AGREE THAT USE OF MONKEY STORIES IS AT YOUR SOLE RISK. MONKEY STORIES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EARLY START JSC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO MONKEY STORIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through Monkey Stories or the content of any websites linked to Monkey Stories and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Monkey Stories or the Content on Monkey Stories; (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from Monkey Stories; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through Monkey Stories by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through Monkey Stories.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EARLY START JSC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF MONKEY STORIES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Early Start JSC. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Early Start JSC., its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Submissions, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through Monkey Stories; (b) your (or anyone using your account's) use of Monkey Stories; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. Early Start JSC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Early Start JSC in asserting any available defenses.
These Terms shall be construed and enforced in accordance with the laws of Vietnam without regard to any choice of law or conflict of laws principles, regardless of where you live.
By using Monkey Stories, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
These Terms, together with any other rules or guidelines posted in connection with Monkey Stories constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of Monkey Stories. These Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without consent from you. The section and subsection headings in these Terms are for convenience only and shall not affect their interpretation. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable).
We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through Monkey Stories, or email you. Your continued use of Monkey Stories constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using Monkey Stories.
If you have any questions about this Agreement, please contact us.
Last updated: 9/14/2017